In re Marlen
In re Marlen
Opinion of the Court
The Board on Professional Responsibility recommends the imposition of reciprocal discipline on respondent in the form of a two-year suspension, stayed in favor of two years’ probation subject to the conditions imposed by the State of Texas, the original disciplining jurisdiction. The recommendation stems from findings by the Texas disciplinary authority that respondent, who had been retained to prosecute a securities fraud claim, violated the following Texas Rules of Disciplinary Conduct: 1.01(b) (competent and diligent representation); 1.03(a) (communication with client); 1.14(b) (safekeeping property); and 8.04(a)(8) (failure to respond).
Nether respondent nor Bar Counsel has filed an exception to the Board’s recommendation. See, e.g., In re Childress, 811 A.2d 805 (D.C. 2002). In such circumstances, our consideration of the recommendation is especially deferential. As “no obvious miscarriage of justice would result in the imposition of identical discipline,” id. at 807, we accept the Board’s recommendation.
Accordingly, respondent is hereby suspended from the practice of law in the District of Columbia for two years, but the suspension is stayed in favor of two years’ probation subject to the conditions set forth in the Texas Grievance Committee judgment. See In re Chadwick, 585 A.2d 798, 801 (D.C. 1991). The sanction will take effect upon issuance of this order.
So ordered.
. As respondent did not report his Texas disciplinary action to Bar Counsel, as required by D.C. Bar R. XI, § 11(b), he is not entitled to have his discipline in this jurisdiction run concurrently with the Texas discipline. See In re Saboorian, 770 A.2d 78 (D.C. 2001).
Reference
- Full Case Name
- In re James R. MARLEN, A Member of the Bar of the District of Columbia Court of Appeals (Bar Registration No. 458330)
- Status
- Published